Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - It is necessary to sell only the portion of property which is necessary for satisfaction of decree and a duty is cast upon Court U.O.21.R.64 CPC to ensure said compliance...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Once an ex parte decree is set aside parties are relegated to the stage at which they were proceeded exparte and not earlier to that - When the matter before High Court was an order condoning delay and setting aside ex parte decree then observation of High Court..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Marriage between parties has broken down irretrievably and there is no chance of their coming together or living together again - Not to grant decree of divorce in such circumstances, would be disastrous for parties - Decree of divorce granted to parties...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Decree for payment of money - Provision of O.21.R.37 & S.51 CPC are mandatory - Before ordering civil imprisonment Court has to give an opportunity to J.D. to show cause as to why he should not be committed to prison...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband and wife lived together for 24 days after compromise arrived at between them - However, it was discovered that wife was carrying pregnancy of 40 days - Husband's left leg was fractured and he was not in sexual contact with wife during said period - It is thus, evident that wife..........
Civil Procedure Code, 1908, Section 10 -- Stay of execution petition - Both the execution petitions arise out of decree of different nature - Merely because subject matter of execution is common, provision of S.10 CPC are not attracted - Dismissal of application calls for no interference...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement arrived at between parties for dissolution of marriage by a decree of divorce by mutual consent - On perusal of its terms the same found to be lawful and there is no reason as to why the same cannot be accepted - Parties living separately and there is no possibility of reconciling the dispute..........
